Corner Crossing: Public Wins!

[ScreamingPotato]

So.... I don't expect any new news for a few years...

Are you going to corner cross this fall?
And what exactly does it take? Do you need the ladder thingy that these guys used? Or do you just step from public to public without touching the private?

I seem to recall they needed the ladder due to the posts and chain the landowner put up. With no structure it seems you could just step over.

 

[Bluefish]

They may not settle this, they don't have to. They may refuse to get involved. If it goes to Supreme Court, and they rule on it, I would imagine the majority or all would back the lower court.

If the Supreme Court likes the ruling they will simply not take the case and the ruling allowing crossings stands. They really only take cases that have split circuits or that the majority doesn’t like the lower court ruling. If they agree with the lower court ruling there is no reason to take it.

 

[Wrench]

We should petition the agencies to construct corner crossing ladders where landowners do this stuff.

They can establish dominance immediately.....and with all the surplus, post DOGE money.....easily affordable. We can even outsource and create jobs!

 

[S.Clancy]

My take is that this is far from over. The owner has deep pockets as do his friends and they are going to appeal all the way to the Supreme Court no matter what it costs.

It's gonna take some real convincing for the Supreme Court to take it up given that it was the same decision from the WY court and 10th Circuit.

 

[Macintosh]

If the Supreme Court likes the ruling they will simply not take the case and the ruling allowing crossings stands. They really only take cases that have split circuits or that the majority doesn’t like the lower court ruling. If they agree with the lower court ruling there is no reason to take it.

In addition, they will only take the case if the hyper-specifics of the case address the topic in exactly the right way, without extenuating circumstances or other issues muddying the exact legal issue. ie the case and the details of the case have to squarely address the "legal question" around the topic. So even if they feel there are issues with the ruling that they'd be interested in clarifying, they may not take a case that doesnt address those issues directly.

 

[johnw3474]

Let’s get a Rokslide kick starter going and create a product called The Corner Crosser.

I was about to post, I wonder how long before Firstlite, Kuiu, Sitka, etc have ultra light corner crossing ladders for the low price of $999.99. Mystery ranch could create a frame that turns into a ladder, add some wheels to convert it to a game cart. The D'Acquisto boys will be machining something soon I'm sure.... endless possibilities.

 

[JDT1982]

Gotta believe this will affect the value of some of these properties that have an "inflated" acerage due to the checkerboarding and past practices.

 

[pods8 (Rugged Stitching)]

Gotta believe this will affect the value of some of these properties that have an "inflated" acerage due to the checkerboarding and past practices.

Hopefully they all let Fred Eshelman know how much they appreciate him pushing the issue.

 

[CJ19]

this issue makes the public land hunting crowd go batty. I wonder how long until this fred guy puts in 50 ft high poles instead of 4 ft high poles on the corners. Jurassic park fences or some such thing.

 

[Colorado Cowboy]

It's gonna take some real convincing for the Supreme Court to take it up given that it was the same decision from the WY court and 10th Circuit.

I didn't say they would take the case, I said it would get to them.

 

[elkhunter505]

How about for all the fenced corners, the land management agency puts in a chute in the fence? Make this into a win for fence permeability for wildlife as well. Poorly drawn OnX polygon, banana for scale.

 

[Mdfowlman2]

this issue makes the public land hunting crowd go batty. I wonder how long until this fred guy puts in 50 ft high poles instead of 4 ft high poles on the corners. Jurassic park fences or some such thing.

Most states and counties have regulations on how high of a fence you can have. I do see the landowners trying this though

 

[drdrop]

Most states and counties have regulations on how high of a fence you can have. I do see the landowners trying this though

Y'all are complicating this more than you need to. The UIA of 1885 Section 1063 states:

No person, by force, threats, intimidation, or by any fencing or inclosing, or any other unlawful means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct, any person from peaceably entering upon or establishing a settlement or residence on any tract of public land subject to settlement or entry under the public land laws of the United States, or shall prevent or obstruct free passage or transit over or through the public lands: Provided, This section shall not be held to affect the right or title of persons, who have gone upon, improved, or occupied said lands under the land laws of the United States, claiming title thereto, in good faith.

If someone illegally prevents you from accessing your public land by obstruction, just walk around that obstruction. Let's hope Fred Eshelman's ambition (greed?) helps fill the pockets of attorneys on this one too ;D

 

[ScreamingPotato]

If someone illegally prevents you from accessing your public land by obstruction, just walk around that obstruction. Let's hope Fred Eshelman's ambition (greed?) helps fill the pockets of attorneys on this one too ;D

...and take pictures and sue them.

 

[Billinsd]

I was about to post, I wonder how long before Firstlite, Kuiu, Sitka, etc

Corner crossing overalls, camo colored barb wire steps, retracting flag poles and flags for visual assistance returning back to crossing, barb wire resistant crotch camo clothes, and finally branded breadcrumb bags doubling for game bags to find your way back to crossing.

 

[MallardSX2]

 

[ozyclint]

Will the new Kifaru pack have a built in ladder shelf?

 

[Mdfowlman2]

Y'all are complicating this more than you need to. The UIA of 1885 Section 1063 states:

No person, by force, threats, intimidation, or by any fencing or inclosing, or any other unlawful means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct, any person from peaceably entering upon or establishing a settlement or residence on any tract of public land subject to settlement or entry under the public land laws of the United States, or shall prevent or obstruct free passage or transit over or through the public lands: Provided, This section shall not be held to affect the right or title of persons, who have gone upon, improved, or occupied said lands under the land laws of the United States, claiming title thereto, in good faith.

If someone illegally prevents you from accessing your public land by obstruction, just walk around that obstruction. Let's hope Fred Eshelman's ambition (greed?) helps fill the pockets of attorneys on this one too ;D

that is a very grey area. They CAN legally fence a portion of their land at the corner and if that fence is 12ft tall there's not much the state can do about it. The state would have to prove intent, which is near impossible. Ole Fred had enough money to fence one acre on each corner 12ft high and put a few goats in there, its his right as a property owner. Makes him an even bigger asshole but its his right

 

[ScreamingPotato]

that is a very grey area. They CAN legally fence a portion of their land at the corner and if that fence is 12ft tall there's not much the state can do about it. The state would have to prove intent, which is near impossible. Ole Fred had enough money to fence one acre on each corner 12ft high and put a few goats in there, its his right as a property owner. Makes him an even bigger asshole but its his right

I wouldn't call it impossible. I think a 12' high fence that goes a short distance only on the corner of the property would be pretty obvious intent. If they fence the entire place then it would be hard to prove, but the opposite corner would have to do the same in order to enclose it. Not everybody has deep pockets.

 

[fatlander]

I’m planning to corner cross in every state I hunt, period. I might even take my seatbelt off on the dirt two-track on my way to do it.


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